Draft Decree detailing certain articles of the Labor Code on working hours and rest periods is currently open for public opinion and, if passed, will take effect from January 1, 2021.
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Currently, both the 2012 Labor Code and its guiding documents do not clarify the concept of "shift work." However, the Draft Decree detailing several articles of the Labor Code about working time and rest periods has now clarified what the term "shift work" entails. To be specific:
Article 8. Organizing “shift work” to determine break times and shift transitions
- “Shift work” as stipulated in Clause 1, Article 109 of the Labor Code involves organizing work according to one of the following two cases:
a) There are at least two individuals or two groups of individuals taking turns working at the same position within a single day (24 continuous hours);
b) There is at least one individual or one group working at any hour during the night work period as regulated in Article 106 of the Labor Code.
- A “work shift” as stipulated in Article 110 of the Labor Code is the duration of work for each individual or group of individuals when working shifts mentioned in Clause 1 of this Article.
Additionally, this Draft also clarifies the concept of "Continuous Shift" for calculating break times within working hours as regulated in Clause 1, Article 109 of the Labor Code, which is a work shift that meets the following conditions:
a) The employee works in the shift for 6 hours or more, not including break times;
b) The break time is under 60 continuous minutes.
The regulation of work shifts and continuous shifts according to this Draft helps businesses calculate break times during working hours and shift transitions to avoid the current inconveniences and difficulties.
Detailed information about the Draft Decree detailing several articles of the Labor Code about working time and rest periods can be found HERE.
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